Archive for the ‘"Hawaii Five-0’ Category

On one side: the children of composer Morton Stevens, pictured below, the composer of the iconic “Hawaii Five-0” theme song, expressly for the Jack Lord original, and still featured in the Alex O’Loughlin reboot.

On the other side: CBS, the TV network which aired the original “Five-0” from 1968 to 1980 and continues to host the updated show.

The issue: a Stevens family lawsuit, alleging that CBS wrongfully filed a renewal registration for use of the “Five-0” theme after Stevens died and the TV reboot consequently infringes on their rights.

Stevens, an Emmy-winning creator of film and TV scores, died in 1991, about six years before a renewal copyright decision for the current Hawaii-filmed version of the procedural was in the making, according to the Hollywood Reporter and other online websites.

So the composer’s children filed a lawsuit, contending that CBS had no right to retain and use the iconic theme song. The reboot now is in the midst of completing filiming its fifth season.

U.S. Supreme Court Justice Ruth Bader Ginsburg, who watches “Five-0,” wrote a decision regarding rights to Martin Scorcese’s “Raging Bull” film, the decision for which may have impact on whether CBS can legally continue to use the theme song.

(In the “Raging Bull” instance, Paula Petrella, whose father wrote works that ultimately became the basis of the “Bull” film, but he died before the end of the copyright term; an issue was whether Petrella’s delayed lawsuit filing should preclude her claims against MGM and 20th Century Fox, with justice Ginsburg deciding not to impose a “sue soon, or forever hold your peace” ruling for copyright lawsuits. This implies that the Stevens may bypass the fact that they were put on notice in 1997,” according to the Hollywood Reporter).

The bottom line: Under copyright law, for works created before 1978, when an author dies before the original term of a copyright grant expires, rights revert to the heirs.

The new lawsuit claims CBS has prepared a “new derivative recording of the ‘Hawaii Five-0’ theme and embodied it in the new series and the soundtrack album.”

The filing by the Stevens family seeks actual damages and profits or alternatively, statutory damages.

A CBS spokesman said “We were surprised and disappointed by the lawsuit filed by the heirs of Morton Stevens more than five years after the new ‘Hawaii Five-0’ premiered, without any prior discussion between the parties. Although we have great respect and appreciation for Mr. Stevens’ work on the original ‘Hawaii Five-0’ theme song, his heirs; claims are without merit and we will vigorously defend this case.”

The island-filmed show, in its repositioned Friday night slot on CBS (8 p.m. here, 9 p.m. Mainland), has been a blessing in disguise. This is where fading shows are traditionally sent, but this is also where “Five-0” has earned its survival stripes and a new lease on life.

If the show remained in its Monday night nook, it would have been disasterville with stiff competition. Its challenge this season, for instance, would have been opposite NBC’s “The Black List” and ABC’s “Castle,” darlings among viewers. CBS put “NCIS: Los Angeles” in the previous “Five-0” spot. And remember, the Monday airtime was at 9 p.m. (10 p.m. Mainland).

In Season 5, however, “Five-0” — with reruns already in syndication on TNT — still is in jeopardy of cancellation. But it is good company, since among the CBS shows in the same boat are “Blue Bloods,” “The Good Wife,” “CSI” and “Madam Secretary,” according to TV by the Numbers.

According to analysts, the aforementioned shows are right on the fence of renewals or cancellations by next May 15, when networks shine the green-for-go light, or red-for-retirement signals.

The likeliest to get another green light: “Blue Bloods,” because of its rating power on Friday night, following “Five-0.” And “Elementary,” “NCIS,” “NCIS: Los Angeles” and
“NCIS: New Orleans” are among the dramas certainties to be renewed.

“Five-0” this season is drawing the most viewers in its time slot, but it has been second in the preferred barometer of adults 18 to 14, generally behind ABC’s “Shark Tank.” This is the category, not the viewer numbers, that determine ad revenues for the network.

According to the Nielsen ratings, here’s how “Five-0” has performed this season:

Air date 18 to 49 demos Viewer in millions

9/26 1.20 8.99

10/3 1.30 8.33

10/10 1.20 9.19

10/17 1.20 9.17

10/24 1.10 8.92

10/31 1.10 9.47

11/7 1.20 8.91

Fridays have been generally steady, with CBS attracting the most viewers (8.81 million this week) and ABC posting the best adult 18 to 49 demo numbers (1.6 this week).

Friday’s most-viewed series generally is “Blue Bloods” (11.41 million this week) and the top adult demo leader has been “Shark Tank” (1.9 this week).

Certainly, a procedural in its fifth season maintains a loyal following, but if you’ve not yet become part of the viewing ohana, it’s a bit late to join in. Numbers often fade, rather than grow, over time.

Regarding “Ina Puha (If Perhaps),” the 100th episode, it was an invention/reflection of things and themes past and present, with McGarrett and Company in dual/alternate reality/fantasy sequences. Wo Fat kidnaps and tortures McG. Dad McG is alive; and other key players are assembled in before/now mode.

If you’ve been a follower, it’s flashback with a twist; if you’re a newbie, it’s formidable overload. Yes? No?
One great element: “All for One,” the special original tune composed expressly for “Five-0” by John Ondrasik, the leader of the group Five for Fighting who yielded such hit tunes as “Superman (It’s Not Easy),” “100 Years” and “Riddle (You and I).” It was a splendid idea pitched by “Five-0” producer Peter Lenkov to the composer — and show aired the entire tune, which characterized the flavor of the special episode.

Yet the show has had its moment of glory, in Season 1, when “Five-0” made the Guinesss World Records in 2012 for the “Highest-Rated New Show in the U.S.,” with a record 19.34 million viewers for “Kai e’e,” its Jan. 23 2011 episode.

The season five premiere episode of CBS’ “Hawaii Five-0,” “A’Ohe Kahi e Pe’e Ai (Nowhere to Hide)” won its 8 p.m. (9 p.m. Mainland) time slot, with 8.90 million viewers and a 1.3 rating in the coveted 18 to 49 demographics.

The figures, courtesy Nielsen Media Research, include live plus same day numbers that were down from season four’s premiere, when the Hawaii-based show logged 1.6 adults in the preferred demos. Final numbers are subject to change, with live+7 day figures are factored in.

The evening’s demo champ was ABC’s two-hour “Shark Tank,” with a 1.8 scorecard in the 18 to 49 demo and 7.10 million in the 7 to 8 p.m. hours (8 to10 p.m. Mainland).

And CBS’ “Blue Bloods,” with 10.60 million viewers and a 1.2 rating in the 18 to 49 demo, was the night’s most-watched series in the 9 p.m. hour (10 p.m. Mainland).

Overall, CBS had the most viewers (8.36 million) for the night, and ABC copped the night’s 18 to 49 demo with a 1.7 rating.

So the race is on for the 2014-15 TV fall season…

Promising change and tweaking this year, “Five-0” offered a mix of old and new. It was a lively and engaging episode, but you needed to suspend credibility.

Old:

The bickering banter between Steve McGarrett (Alex O’Loughlin) and Danno Williams (Scott Caan), in a longish give-and-take reflecting on their nearly four years on the H50 task force, during psychoanalysis with an unseen therapist; also later in the usual race to the crime scene car. The aural see-saw has become smooth and satisfying ride, though as McG admits, it’s all about the ‘ohana. It was cutesy when Lilo told Stitch, in Disney’s Hawaii-set kiddie com, but McG?

The season’s first utterance of “Book ‘em, Danno” from McG to Danno. More to come, of course. It’s been the trademark quote for years, the lasting notable quotable from the original Jack Lord-James MacArthur team.

The rekindled romance between Kono Kalakaua (Grace Park) and her reunited beau Adam Noshimuri (Ian Anthony Hall). Will they hitch, or will they part?

The presence of Jerry Ortega (Jerry Garcia), the conspiracy theorist, a crime solver with quirky and quizzical but effective means. The small screen lights up when he’s front and center,

The residencuy of Lou Grover (Chi McBride), the displaced Chicago SWAT guy, who now makes the task force truy Five-0. Will he spar occasionally with McG, which had sizzle and fire, or will they remain best buddies?

The past continues to haunt Chin Ho Kelly (Daniel Dae Kim), who confronts imprisoned Gabriel (Christopher Sean), resulting in the restoration of Chin’s dubious past. Does he or doesn’t he have missing moolah? Surely, a bone to dig up in the future.

New:

Max Bergman (Masi Oka), the medical examiner, has a new assistant, Dr. Mindy Shaw (Amanda Sutton). Only time will tell if she’ll have the kind of repartee and relation like the dudes on “NCIS.” And we’ll have to wait to see what evolves in the lab.

The lockdown of the city — with a focus on Waikiki — magnifies the issue of terrorism. In this case, the murder of a couple atop the Diamond Head lookout by a combat drone with a deadly machine-gun precision, is fresh, fierce and formidable. But a plane landing on Kalakaua? Where was the aerial backup security to prevent this? And abandoned cars on the freeway, instead of totally empty roads? Mark this one a fantasy — and check in your disbelief. Would you abandon your car and walk to safety? Not logical.

Final thought: who needs Wo Fat (Mark Dacascos), when the terrorist is Marco Reyes (Anthony Ruivivar), who doesn’t come to the party till very late in the show. In his short scene, he was threatening, menacing, and terrifying — TNT! — and he’ll recur in an ongoing story arc in two more episodes, including the next installment, “Ka Makuakane (Family Man). A villain in every sense of a procedural, with nerve and verve. And happily, he’s a local though now lives in California.

The verdict:

Good start to a new season, with expectations higher than ever. And your reaction?

“Oh What a Night” it’ll be, when Four Seasons’ main man Frankie Valli, guests on the eighth episode in the fifth season of CBS’ “Hawaii Five-0.”

TV Guide confirms that Valli, the falsetto-voiced icon from one of musicdom’s most popular groups, will portray the fiancé of Deb, played by Carol Burnett, who is the aunt of series star Alex O’Loughlin’s Steve McGarrett character.

It’s a return visit for Burnett as the auntie, who’ll haul Leonard Campbell, her intended, to the Islands for a walk down the aisle. It's Valli's first appearance on "Five-0."

As series producer Peter Lenkov tells TV Guide, “They’re going to have this whirlwind romance and they’re coming to Hawaii to get married because they realize both of them don’t have much time left.”

The matrimonial plans will be somewhat clouded when McGarrett discovers some suspicious behavior in Campbell’s past, according to Entertainment Weekly.

No word on whether the incident dates back to “December 1963,” the official title of the pro-drugs song by the Four Seasons aka “Oh What a Night” prominently featured in the Broadway musical based on the lives of Valli and his Seasons as well as the movie version released earlier this year.

“Five-0” debuts at 8 p.m. (9 p.m. Mainland) Sept. 26 and this episode is expected to air Nov. 21.